Lawsuits & Litigation · Discovery
Depositions in Personal Injury Cases
A deposition is sworn testimony given outside court during discovery. It is one of the most important parts of a lawsuit. This page explains what depositions are, who participates, what happens, and how to prepare.
The short answer
What is a deposition, and what should I expect?
Direct answer: A deposition is sworn testimony given outside court, transcribed by a court reporter. The person being deposed answers questions from the lawyers about the accident, injuries, treatment, and background. It locks in testimony that can be used later and lets each side assess the case. Preparation with your lawyer beforehand — reviewing the facts, answering only what is asked, and being truthful — is the best way to give clear, accurate testimony.
Related resources
Who participates
The people in the room.
- The deponent: The witness or party giving testimony under oath.
- Opposing lawyer: Asks the questions; leads the deposition.
- Your lawyer: May object to improper questions and ask follow-up questions.
- Court reporter: Swears in the deponent and transcribes everything said.
- Videographer: Sometimes present to record the deposition on video.
What happens
The course of a deposition.
The deposition begins with the deponent being sworn in. The opposing lawyer asks questions — about the accident, the injuries, the medical treatment, the impact on daily life, and the deponent’s background. The deponent answers, and the answers are transcribed word for word.
Your lawyer may object to improper questions but generally cannot tell you how to answer. After the opposing lawyer finishes, your lawyer may ask follow-up questions to clarify points. The transcript becomes part of the case record and can be used at trial or in motions.
How to prepare
Giving clear, accurate testimony.
- Review the facts: Go over the accident, your injuries, and the documents with your lawyer beforehand.
- Answer only what is asked: Do not volunteer information beyond the question.
- Tell the truth: Accuracy matters more than a favorable-sounding answer.
- Admit what you don’t know: It is fine to say you do not know or do not remember.
- Take your time: Pause before answering; let your lawyer object if needed.
Why they matter
How depositions shape a case.
Depositions lock in testimony. What a witness says under oath can be used to challenge inconsistent statements later, at trial or in motions. This makes depositions a tool for testing credibility and pinning down positions.
Depositions also let each side see how a witness comes across — clear and credible, or uncertain and vulnerable. That assessment often drives settlement, because both sides get a realistic preview of how the case would look at trial. This is why depositions frequently lead to resolution rather than trial.
Frequently asked questions
Common questions, answered directly.
General information only, not legal advice for any particular situation.
Keep exploring
Related resources.
Practice areas
Kansas City area
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